CIT v. Arvind Remedies Ltd (

378 ITR 547High Court2015#4045 most cited

What is CIT v. Arvind Remedies Ltd ( authority for?

Reassessment is invalid if the Assessing Officer fails to record satisfaction that income escaped assessment due to the assessee's failure to disclose material facts, especially when the AO had the material during the original assessment.

29

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v Arvind Remedies Ltd · 378 ITR 547 · section 147 · reassessment · failure to disclose material facts · Assessing Officer satisfaction · income escaped assessment · original assessment · application of mind

Issues it is cited on

Judgments citing CIT v. Arvind Remedies Ltd (

Crr Leathers, Chennai vs. ITO, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 616/CHNY/2017[2008-09]Status: DisposedITAT Chennai21 Aug 2017AY 2008-09

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.616/Mds/2017 "नधा"रण वष"/Assessment Year:2008-09 M/S. Crr Leathers, The Income Tax Officer, 9/5, Patnool Sardarjung Street, Vs. Non Corporate Ward 4(3), Periamet, Chennai 600 003. Chennai 600 006. [Pan: Aaafc4173G] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri K. Ravi, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 08.06.2017 घोषणा क" तार"ख /Date Of Pronouncement : 21.08.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 5, Chennai Dated 27.10.2016 Relevant To The Assessment Year 2008-09, Wherein, In The Grounds Appeal, Besides Challenging The Confirmation Of Various Additions For Want Of Tds Under Section 195 Of The Income Tax Act, 1961 [“Act” In Short], The Assessee Has Mainly Challenged Confirmation Of Reopening Of Assessment, Which Is Barred By Limitation.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri K. Ravi, JCIT
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 195Section 40

…a)(ia) and 40(A)(2) of the Act, which is amply clear that the Assessing Officer failed to properly scrutinize the return of income filed by the assessee, wherein, the deduction was claimed. By relying on the decision in the case of CIT v. Arvind Remedies Ltd. 378 ITR 547 (Mad), the ld. Counsel for the assessee has submitted that if the Assessing Officer has not considered the claim of deduction at the time of passing order under section 143(3) of the Act, the assessee could not be fastened with any liability and moreover, it is against the law laid down in the statute. Thus, the ld. Counsel for the assessee has p…

Fl Smidth Private Limited, Chennai vs. DCIT, Chennai

In the result, the assessee’s appeal is allowed

ITA 393/CHNY/2014[2003-04]Status: DisposedITAT Chennai18 Aug 2017AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./I.T.A. No. 393/Ch/2014 "नधा"रण वष"/Assessment Year : 2003-04 M/S. Flsmidth Private Limited, Deputy Commissioner Of Income Tax, (Formerly Fls Automation Pvt. Ltd.) Vs. Company Circle –Ii(1), Flsmidth House, Chennai – 34. 34, Egatoor, Kelambakkam, Old Mahabalipuram Road, Chennai – 600 103. [Pan: Aaacf 4997N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ&क'ओरसे/Appellant By : Shrig. Baskar, Advocate *+यथ&क'ओरसे/Respondent By : Ms. Ann Mary Baby, Jcit

For Appellant: ShriG. Baskar, AdvocateFor Respondent: Ms. Ann Mary Baby, JCIT
Section 143Section 143(1)Section 143(3)Section 147Section 40

…ecessary for the assessment. The initiation of re-assessment without any fresh evidence amounts to change of opinion and hence the re-assessment is bad in law. In this regard, the AR invited our attention to the ratios reported in 320 ITR 361, 340 ITR 299, 378 ITR 547& 369 ITR 209. He further submitted that the reassessment made on the ground different from reasons recorded in notice is not valid. In this regard, he invited our attention to para 11 of the reassessment order and relied on the ratios reported in 331 ITR 236, 349 ITR 482 and 372 ITR 762. He has also relied on the Board Circular No 3/2015 dated…